Terms & ConditionsPlease read the following Terms & Conditions carefullyGeneralBy entering and using the website blueberryred.com (the 'Website') you agree to be bound by these Terms and Conditions. These terms and conditions are a binding agreement between you and BEDTIME TRADING S.L. B16546434 a company registered under the laws of Spain and whose principal office is at C/ MARIA CANALS 5 2B, ISLAS BALEARES, MALLORCA, SPAIN, 07005 ( 'Blue Berry Red '). Blue Berry Red is engaged in the business of providing facilitation services to Performers ('Performers'), on the basis of which Performers provide Services (as defined below) to users of the website ('you' or 'Guests'), and of selling tokens to Guests which may be used to purchase such performer Services from Performers. The price of blueberryred.com tokens is displayed to the Guest upon purchase thereof. Performers may use Blue Berry Red's video/audio/text chat communications system ('Chat System'), in order to chat with you in the event that you choose to receive information/content from them. A Guest may also elect to chat via audio/video (or text) directly to with the performer. In certain cases, more than one Guest can be connected to a certain Performer at the same time. It is clarified that all such Performer Services are provided solely by and are the sole responsibility of the applicable Performer, and that Blue Berry Red is not the provider of any such Performer Services to any Guest. On the Website, you are able to purchase from Blue Berry Red, in accordance with these Terms & Conditions. It is clarified that neither blueberryred.com Tokens will grant you any rights and/or tokens to any of the Website's affiliated websites; and that blueberryred.com Tokens is solely used on this website does not constitute a good, service or right in itself. These Terms and Conditions comprise the entire agreement between Blue Berry Red and you, superseding any prior agreements between Blue Berry Red or any predecessor Blue Berry Red and you. Please note that you may be subject to additional rules and regulations that may apply when you use specific features on the Website. Blue Berry Red, acting as agent on behalf of any particular Performer or any and all Performers who are or may be registered on the Website as Performers during the applicable period of time (the 'Community of Performers') shall vigorously enforce all these rules and regulations. These Terms and Conditions contain disclaimers as well as exclusive remedy provisions Blue Berry Red may, from time to time, change the Terms and Conditions. In addition, Blue Berry Red may, from time to time, in its capacity as agent of the Community of Performers, change the billing by Performers and payment of Performers by Guests by way of redemption of tokens. You agree to review the Terms and Conditions. In case you do not wish to remain a member due to the change in the Terms and Conditions, the applicable relevant rules and regulations, you may terminate your account as provided herein. Please note that your continued use of the Website and any Performer Services following any change to the Terms and Conditions, the relevant rules and regulations, constitutes acceptance of all such changes. You acknowledge and agree that the Website is an audio/video (and text) chat platform intended to fulfil user fantasies in an online environment and is not intended to develop relationships outside of the Website. Should such relationships, including but not limited to bypassing our billing system and/or transferring money outside of the Website occur, it is the sole responsibility of the parties involved. You acknowledge and agree that Blue Berry Red does not and cannot control the information and content transmitted by Performers or the information and content transmitted by you. Blue Berry Red makes the Website available to you at the request of, and in its capacity as the platform of Performers. As such, whilst you may access some parts of the Website for free, certain parts of the Website (including participation in any private, voyeur, group sessions) and some of the features and services thereon are not necessarily free of charge, and may be subject to the use of tokens. Charges And Billing PracticesBEDTIME TRADING S.L. C/ MARIA CANALS 5 2B ISLAS BALEARES MALLORCA SPAIN 07005 Website Paid chats can be accessed via the performers channels, the amount of any such fee is prominently disclosed prior to entering the pay chat room. Paid chat room fees are solely at the discretion and control of the performer and will be fully disclosed to You before You enter any paid chat room. No charge will be made to your account without you accepting the fees before entering a private chat. Tokens can be purchased on the websites for this specific purpose. 1. You may also choose to add an additional amount of money by use of "Token." Token is a website currency that You can send to a performer in addition to a performers per minute chat rate.> 2. Blue Berry Red does not charge Guests any basic fee to use the Website However, Performers may charge Guests for Performer Services and other features on the Website. The applicable rates or the methods by which the applicable rates are determined are generally described by the performer before you enter a paid service. 3. Upon purchasing tokens, you will see on your credit card statement the billing descriptor as follows: BBR +1 877 809 9091, 1 877 809 9091 4. You are (and Blue Berry Red is not) responsible for all charges associated with connecting to the Website. Payment AuthorizationWhen you register on the Website, you may request or expressly agree to receive certain services and when you do so, you authorize the charges that may be imposed by the Company as a result. Payment for the services provided to you at, and/or through Website will be done by your own decision to purchase tokens. You agree to authorize blue berry red and its payment providers to take the necessary transactions to complete your request. Member's Account And Account InformationYou certify to Blue Berry Red, both on its own account and the performers, that you are at least 18 years of age. You hereby agree to provide Blue Berry Red with true, complete and up-to-date information regarding your registration and billing information. Any Guest providing Blue Berry Red with information that is not true, complete and up-to-date shall not be permitted to continue to use the Website or participate in anything. Every new Guest chooses a password and a screen name at time of registration. Please note that you should choose your name carefully and you may not choose or use a screen name of another person, a name that is violating a third party's intellectual property rights or a screen name that is offensive or inappropriate. It is clarified that Blue Berry Red owns all screen names used on the Website. You hereby acknowledge and agree that Blue Berry Red may collect certain information and data from your computer which will enable it to recognize some of your personal details and to improve the fraud prevention of Blue Berry Reds Website. You also agree to provide Blue Berry Red with a valid email address for Website verification purposes and for services quality assurance. This means that Blue Berry Red can send you verification emails and also emails from the message centre which any Performer has requested that Blue Berry Red convey to you. By becoming a registered member in blueberryred.com, you agree to receive commercial emails from blueberryred.com about the services and products of the website. You are solely and entirely liable for all of the activities on the Website conducted through your account. Please note that as a Guest you may not permit any other person to use your account. You must keep your user name / password strictly confidential and may not disclose them to any person. You may not assign or transfer any of your rights or obligations under these Terms and Conditions, your username or your password, to any other person or entity. You must promptly inform Blue Berry Red of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. If you have any questions or concerns regarding the Performers, their security or their well-being, or regarding the transmission of Forbidden Content and activity (including but not limited to alleged cases of: any child pornography, bestiality, rape or torture etc.). You are required to report IMMEDIATELY to the Company's Customer Service Department: support@blueberryred.com. Guests who are not permitted to continue to use the Website may not access the Website or receive any Performer Services without the prior express written permission of Blue Berry Red. No Confidential CommunicationYou acknowledge and agree that all messages or content posted by you or others in any chat room or public areas on the Website are readily accessible to the general public and consequently should not be considered private, confidential or proprietary. You should not use the Website for any communication which you intend only the intended recipient(s) to read. Notice is hereby given that all communications made by you in connection with your access and use of any and all parts of the Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s). Consequences and liability for inappropriate communications
User conduct: You must not engage in any of the following prohibited activities:
Account ChangesYou agree to promptly inform Blue Berry Red of any of the following
Cancellation of your Guest account:You may cancel your Guest account on the Website, at any time. In all cases of cancellation of your Guest account you will remain liable for all payments due on your Guest account as well as any liabilities arising from these Terms and Conditions. In case of cancellation of your Guest account for any reason, any outstanding Tokens that you have will immediately expire and be forfeited to Blue Berry Red, and no such payment previously made to purchase Tokens will be reimbursed to you. Termination of your Guest account: Blue Berry Red reserves the right to cause you to cease using the Website and/or participating in any at any time, and may delete your Guest account. Furthermore, in the event that the Website and/or the provision of Performer Services is terminated or suspended, all Guest accounts (of all kinds) will be terminated immediately without any prior notifications from Blue Berry Red. In any such case, you will remain liable for all payments due from your Guest account as well as any other liabilities arising under these Terms and Conditions. In case of cancellation of your Guest account for any reason, any outstanding Tokens that you have will expire and be forfeited to Blue Berry Red, and no such payment previously made to purchase will be reimbursed to you. RefundsAll sales are. In our sole discretion and in extraordinary circumstances, we may provide tokens in the form of free time or provide discounts in the event You experience technical difficulties that You demonstrate to have made a sincere effort to resolve. We do not provide cash refunds, unless we determine in our sole discretion that extraordinary circumstances apply. ContentIn order to enable the Community of Performers to provide Performer Services through the website of Blue Berry Red, you agree to: You do not have any ownership or proprietary interest or claim in any of the information and content (in any format whatsoever) on the Website or transmitted pursuant to provision of the Performer Services. All such information and content is either owned by Blue Berry Red or the various Performers. Any content provided by you is hereby licensed by you to Blue Berry Red pursuant to Section below, and you shall have no claims, demands or suits in this respect. It is clarified that Blue Berry Red does not pre-screen and is not responsible for the content and information published and/or displayed pursuant to the provision of any Performer Services or other features of the Website. However, Blue Berry Red shall have the right to remove content. In addition, Blue Berry Red shall be entitled to cause you to cease using the Website and obtaining any Performer Services, and to terminate your Guest account immediately, in the event that Blue Berry Red deems that any content transmitted in a performer session in which you participated or any content with which you are otherwise connected is harmful, offensive or otherwise violates these Terms and Conditions. All materials on the Website, including pursuant to the provision of any Performer Services, are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from Blue Berry Red. By submitting content and/or information to any "public area" on the Website, such as entering a Video Chat room you grant Blue Berry Red the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist in such content. The names Blue Berry Red and blueberryred.com are protected by trademark law as are other brand names on the Website. Please note that some of the features of the Website and Performer Services may contain content that is inappropriate for minors. You acknowledge that Blue Berry Red cannot, and does not intend to, screen information and content transmitted on the Website or pursuant to the provision of the Performer Services, in advance. Therefore, Blue Berry Red shall not be held liable for any of the content provided by Guests and/or Performers on the Website or pursuant to provision of the Performer Services. However, Blue Berry Red may, at its sole discretion, choose to monitor some or all of the content. It is hereby clarified that in any event that Blue Berry Red decides that any conduct by a Guest restricts or inhibits any other Guest and/or Performer, person or entity from using or enjoying the Website or any Performer Services, Blue Berry Red shall be entitled to cause you to cease using the Website and obtaining any Performer Services, and to terminate your Guest account immediately. You are hereby committed to use the Website and any Performer Services for lawful purposes only. Under no circumstances will you use the Website and/or any Performer Services and/or your account to do the following: Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, extreme sado-masochism or bondage presented in a sexual context, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted; Harass, embarrass, or cause distress, unwanted attention or discomfort upon another Guest and/or Performer and/or user of the Website or any other person or entity; Disturb any other Guest and/or Performer while on the Website; Impersonate any person or entity, including but not limited to a minor or an official representative of Blue Berry Red; Post or transmit, or cause to be posted or transmitted on the Website or pursuant to any of the Performer Services any materials advertising any business other than the Website; or Seek to obtain any password, account, or private financial information from any Guest and/or Performer. Emails And SpamAs a responsible member of the cyber community Blue Berry Red maintains a strict policy forbidding any third party from sending any sort of promotional emails on behalf of Blue Berry Red or the website solicited or unsolicited. this means we go beyond merely prohibiting spamming. to make things even clearer for everybody we don't let anybody else send any emails on our behalf. moreover, Blue Berry Red itself only sends emails to persons who have registered on the website. these two policies make up our strong "anti-spam policy". please see our anti-spam policy for further information. BookmarkingThe Website is designed such that a user wishing to visit portions of the Website potentially including adult content will be warned that he/she must be of age because he/she is entering an 'adult' area. The act of placing a web page (URL) into a temporary file on your browser so that the you may return to that page at a future date directly, without passing through any pages that may have been precedent ('bookmarking') may under certain circumstances result in the bypass of these warnings. Use of such bookmarks constitutes agreement by you that such warnings may be bypassed. Bookmarking may also cause you to bypass links to these Terms and Condition. You hereby agree that use of such bookmarks to enter into the Website constitutes acceptance of the Terms and Conditions. Disclaimer Of WarrantiesThe Website and any performer services are provided to you "as is", "with all faults", "as available", without warranty of any kind, either express or implied and to the fullest extent possible under applicable law we specifically disclaim any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, reliability, completeness, capabilities, security, timeliness, usefulness or content of the Website and any performer services or the ability of the Website or any performer services to interoperate or integrate with any third party products such as software or hardware; (ii) any warranties resulting from a course of dealing or usage of trade (iii) any warranties with regard to the accuracy or completeness of or errors in the contents or functioning of or the accuracy of the results or output that derives from the use of the Website or any performer services; (iv) any warranties of merchantability or fitness for a particular purpose; and (iv) any warranties regarding the rights and title of Blue Berry Red in the Website and any performer services, or any warranty that the Website or any performer services do not infringe the intellectual property rights of any third party. this disclaimer of liability applies to any damages or injury caused to you or to any third party including, without limitation, as a result of any failure of performance, bug, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication line failure, theft or destruction or unauthorized access to, alteration, inaccessibility or loss of, or use of data, information and/or records, whether for breach of contract, tort, negligence, or under any other cause of action. we specifically do not warrant or guarantee (1) that the website or any performer services or any portion thereof will be free of infection by viruses, or anything else manifesting contaminating or destructive properties, or (2) that the functions performed by the Website or any performer services will be uninterrupted or error-free or that defects in the Website or any performer services will be corrected. it is your sole responsibility to execute anti-contamination/virus software and otherwise take steps to ensure that the Website and any performer services, if contaminated or infected, will not damage your information or system. Limitation Of LiabilityIn no event will Blue Berry Red or its affiliates or suppliers or Blue Berry Red's/its affiliates'/suppliers' officers, directors, employees, shareholders, agents, representatives, licensors, successors or assigns, be liable to you or to any third party whatsoever for any damage, including, but not limited to, indirect, direct, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, or loss, or vandalism or theft of programs or information, and any other kind of damage), or any other damages arising in connection with or in any way out of the availability or use of, reliance on, or inability to use, the Website or any performer services, even if Blue Berry Red or any performer were advised of the possibility of such damage, and regardless of the form of action whether in contract, tort, equity or otherwise. If you are dissatisfied with the Website or any performer services or you have any dispute with Blue Berry Red or any performer in connection with the same or these terms and conditions then your sole and exclusive remedy is to stop using the Website and the performer services. Limitation Of Liability In no event will Blue Berry Red or its affiliates or suppliers or Blue Berry Red's/its affiliates'/suppliers' officers, directors, employees, shareholders, agents, Third Party Links And Productsvia or in connection with the Website and the communication services we may provide you with links to Websites, and offers for products and services, of third parties. we have no control over such Websites or over such products and services. we are not responsible for and do not endorse (a) the content of such third-party Websites, (b) the products or services offered by such third parties or (c) the privacy and other practices of such third parties. nor are we responsible for the availability of such Websites or products or services offered by such third parties. Adult Activities
Parts
of this website and communication services are designed and intended
solely for consenting adults - who are at least 18 years old (19 in
AL and NE or 21 in MS and DC, and the age of majority in any other
location where 18 is not the age of majority) who are interested in
and wish to have access to visual images, verbal descriptions, audio
sounds and other features and/or products of a sexually oriented,
frankly erotic nature. The materials (including any products,
features or services) which are available within this Website and via
the performer services may include graphic visual depictions and
descriptions of nudity and sexual activity and should not be accessed
by anyone younger than 18 years old (19 in AL and NE or 21 in MS and
DC, and any the age of majority in any other location where 18 is not
the age of majority) or who is offended by such materials or who does
not wish to be exposed to such materials. By joining the Website you
are making the following statements: Illegal and prohibited ConductIn addition to what has already been stated in the Terms & Conditions Blue Berry Red prohibits & does not tolerate the following:
Restricted LocationsThe Website and Performer services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. Without derogating from the above, Blue Berry Red may restrict or deny access to the Website to guests in any country or location at any time at its sole discretion, and shall not be held liable in any way by any guest (including in connection with loss of tokens) in such respect. IndemnificationYou shall indemnify and hold Blue Berry Red, the owners and Blue Berry Reds of Blue Berry Red and the Website as well as their officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by Blue Berry Red in connection with any claims of any kind, that result directly or indirectly from your activities in connection with Blue Berry Red including without limitation on the Website or via the Performer Services. Such claims shall include, without limitation, claims in respect of any violation of law. Notice of intellectual property infringmentThe Site respects the intellectual property of others, and we ask our community members and others to do the same. We voluntarily observe and comply with the DMCA. IT IS Blue Berry Reds POLICY TO TERMINATE ACCOUNTS OF REPEAT COPYRIGHT INFRINGERS WHEN APPROPRIATE. If you believe that your work has been copied through use of the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service’s Designated Copyright Agent the following information:
Send your Notice of Claimed Infringement to:
Copywrite agent using our legal@blueberryred.com email. Please be very clear with the following:
NoticesNotices by Blue Berry Red to you may be given by means of electronic messages through the Website, by a general posting on the Website, or by conventional email. Notices by you to Blue Berry Red may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions. SeverabilityTo the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms and Conditions is/are unenforceable, the other terms of these Terms and Conditions will continue in full force and effect. WaiverNo employee, agent or representative, including without limitation any customer service representative, of Blue Berry Red or any Performer shall be entitled to waive any term of these Terms & Conditions. Governing LawThis Agreement shall be governed by and construed and interpreted solely in accordance with the laws of the Principality of Spain, without giving effect to the principles thereof relating to conflict of laws. The authorized courts in the Principality of Spain shall have exclusive jurisdiction with respect to any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity and/or termination. Last Updated: 1st December 2018 |